JUDGMENT

A. Pasayat, J. - Order of acquittal passed by 1carned Judicial Magistrate, first class, Bhubaneswar (in short, 'J.M.F.C.') in G.R. Case No. 1875 of 1991 is the subject-matter of challenge in this application by the informant, Maguni Charan Behera (opposite party No.2) (described as 'accused' hereinafter) faced trial before the learned J.M.F.C. on the accusation of having committed an offence punishable under section 406 of the Indian Penal Code, 1860 (in short, 'I.P.C.'). Law was set into motion on the accusation of petitioner (hereinafter referred to as the 'informant').

2. It is not necessary to set out the factual position in detail. The essential features are as follows:

By order dated 15-2-1993, the learned J.M.F.C. directed issue of summons to the chargesheet witnesses fixing their appearance to 15-31993. On that date no witness was present. Order was again passed to issue summons to the charge sheet witnesses 1 to 4 fixing 3-4-1993. The process was repeated on 3-4-1993, 29-4-1993 and 11-5-1993. Though the reason for direction to issue fresh summons is not forthcoming from record, it is apparent from the order-sheet that on the relevant dates no witness was present.